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GALVESTON COUNTY – A south Texas mom is suing Blue Bell Creameries after she and her daughter were infected with listeria poisoning from contaminated ice cream.

In a petition, Ursula Burton says she purchased Blue Bell ice cream at a Valero convenience store on April 18, 2015. After consuming the ice cream, she and her daughter “became violently ill and started to vomit” later that day.

Burton and her daughter were diagnosed with listeriosis and are now sensitive to dairy.

In 2015, Blue Bell recalled all of its products after 10 listeria cases, 3 fatal, that linked to their ice cream. They suspended production and were fined $850,000 in penalties. Blue Bell also had to recall their cookie dough in September and October of 2016 after their products were back on the shelves.

Burton is suing Blue Bell for gross negligence and deceptive trade practices and is seeking $200,000 – $1 million for medical expenses, pain, damages from from physical impairment and lost wages.